DOT 49 CFR PART 1147-2010 TEMPORARY RELIEF UNDER 49 U S C 10705 AND 11102 FOR SERVICE INADEQUACIES.pdf

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1、183 Surface Transportation Board, DOT 1147.1 PART 1146EXPEDITED RELIEF FOR SERVICE EMERGENCIES AUTHORITY: 49 U.S.C. 721, 11101, and 11123. 1146.1 Prescription of alternative rail service. (a) General. Alternative rail service will be prescribed under 49 U.S.C. 11123(a) if the Board determines that,

2、over an identified period of time, there has been a substantial, measurable de-terioration or other demonstrated in-adequacy in rail service provided by the incumbent carrier. (b)(1) Petition for Relief. Affected ship-pers or railroads may seek the relief described in paragraph (a) of this sec-tion

3、by filing an appropriate petition containing: (i) A full explanation, together with all supporting evidence, to dem-onstrate that the standard for relief contained in paragraph (a) of this sec-tion is met; (ii) A summary of the petitioners discussions with the incumbent carrier of the service proble

4、ms and the reasons why the incumbent carrier is unlikely to restore adequate rail service con-sistent with current transportation needs within a reasonable period of time; (iii) A commitment from another available railroad to provide alter-native service that would meet current transportation needs

5、(or, if the peti-tioner is a railroad and does not have an agreement from the alternative car-rier, an explanation as to why it does not), and an explanation of how the al-ternative service would be provided safely without degrading service to the existing customers of the alternative carrier and wi

6、thout unreasonably interfering with the incumbents over-all ability to provide service; and (iv) A certification of service of the petition, by hand or by overnight deliv-ery, on the incumbent carrier, the pro-posed alternative carrier, and the Fed-eral Railroad Administration. (2) Reply. The incumb

7、ent carrier must file a reply to a petition under this paragraph within five (5) business days. (3) Rebuttal. The party requesting re-lief may file rebuttal no more than three (3) business days later. (c) Presumption of continuing need. Unless otherwise indicated in the Boards order, a Board order i

8、ssued under paragraph (a) of this section shall establish a rebuttable presump-tion that the transportation emer-gency will continue for more than 30 days from the date of that order. (d)(1) Petition to terminate relief. Should the Board prescribe alternative rail service under paragraph (a), of thi

9、s section the incumbent carrier may sub-sequently file a petition to terminate that relief. Such a petition shall con-tain a full explanation, together with all supporting evidence, to dem-onstrate that the carrier is providing, or is prepared to provide, adequate service. Carrier are admonished not

10、 to file such a petition prematurely. (2) Reply. Parties must file replies to petitions to terminate filed under this subsection within five (5) business days. (3) Rebuttal. The incumbent carrier may file any rebuttal no more than three (3) business days later. (e) Service. All pleadings under this

11、part shall be served by hand or over-night delivery on the Board, the other parties, and the Federal Railroad Ad-ministration. 63 FR 71401, Dec. 28, 1998 PART 1147TEMPORARY RELIEF UNDER 49 U.S.C. 10705 AND 11102 FOR SERVICE INADEQUA-CIES AUTHORITY: 49 U.S.C. 721, 10705, 11101, and 11102. 1147.1 Pres

12、cription of alternative rail service. (a) General. Alternative rail service will be prescribed under 49 U.S.C. 11102(a), 11102(c) or 10705(a) if the Board determines that, over an identified pe-riod of time, there has been a substan-tial, measurable deterioration or other demonstrated inadequacy in

13、rail serv-ice provided by the incumbent carrier. (b)(1) Petition for Relief. Affected ship-pers or railroads may seek relief de-scribed in paragraph (a) of this section VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00193 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PRO

14、D with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-184 49 CFR Ch. X (10110 Edition) Pt. 1150 by filing an appropriate petition con-taining: (i) A full explanation, together with all supporting evidence, to dem-onstrate that the standard for re

15、lief contained in paragraph (a) of this sec-tion is met; (ii) A summary of the petitioners discussions with the incumbent carrier of the service problems and the reasons why the incumbent carrier is unlikely to restore adequate rail service con-sistent with current transportation needs within a reas

16、onable period of time; (iii) A commitment from another available railroad to provide alter-native service that would meet current transportation needs (or, if the peti-tioner is a railroad and does not have an agreement from the alternative car-rier, an explanation as to why it does not), and an exp

17、lanation of how the al-ternative service would be provided safely without degrading service to the existing customers of the alternative carrier and without unreasonably interfering with the incumbents over-all ability to provide service; and (iv) A certification of service of the petition, by hand

18、or by overnight deliv-ery, on the incumbent carrier, the pro-posed alternative carrier, and the Fed-eral Railroad Administration. (2) Reply. The incumbent carrier must file a reply to a petition under this paragraph within thirty (30) days. (3) Rebuttal. The party requesting re-lief may file rebutta

19、l no more than fif-teen (15) days later. (c)(1) Petition to terminate relief. Should the Board prescribe alternative rail service under paragraph (a) of this section, the incumbent carrier may subsequently file a petition to termi-nate that relief. Such a petition shall contain a full explanation, t

20、ogether with all supporting evidence, to dem-onstrate that the carrier is providing, or is prepared to provide, adequate service to affected shippers. Carriers are admonished not to file such a peti-tion prematurely. (2) Reply. Parties must file replies to petitions to terminate filed under this sub

21、section within five (5) business days. (3) Rebuttal. The incumbent carrier may file any rebuttal no more than three (3) business days later. (d) Service. All pleadings under this part shall be served by hand or by over-night delivery on the Board, other par-ties, and the Federal Railroad Adminis-tra

22、tion. 63 FR 71401, Dec. 28, 1998 PARTS 11481149 RESERVED Parts 11501174Licensing Procedures Parts 11501159Rail Licensing Procedures PART 1150CERTIFICATE TO CON-STRUCT, ACQUIRE, OR OPERATE RAILROAD LINES Subpart AApplications Under 49 U.S.C. 10901 Sec. 1150.1 Introduction. 1150.2 Overview. 1150.3 Inf

23、ormation about applicant(s). 1150.4 Information about the proposal. 1150.5 Operational data. 1150.6 Financial information. 1150.7 Environmental and energy data. 1150.8 Additional support. 1150.9 Notice. 1150.10 Procedures. Subpart BDesignated Operators 1150.11 Introduction. 1150.12 Information about

24、 the designated operator. 1150.13 Relevant dates. 1150.14 Proposed service. 1150.15 Information about offeror. 1150.16 Procedures. Subpart CModified Certificate of Public Convenience and Necessity 1150.21 Scope of rules. 1150.22 Exemptions and common carrier sta-tus. 1150.23 Modified certificate of

25、public con-venience and necessity. 1150.24 Termination of service. Subpart DExempt Transactions Under 49 U.S.C. 10901 1150.31 Scope of exemption. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00194 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-